Judge needs more time on GM recall request

Apr. 5, 2014
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General Motors headquarters in the Renaissance Center are seen on January 14, 2014 in Detroit as previews continue at the North American International Auto Show. AFP PHOTO/Stan HONDA (Photo credit should read STAN HONDA/AFP/Getty Images) / STAN HONDA AFP/Getty Images

by Staff and wire reporting, AP

by Staff and wire reporting, AP

CORPUS CHRISTI, Texas (AP) - A federal judge in Texas said she would consider arguments made Friday and await additional information, before deciding whether to grant an emergency injunction that could force General Motors to tell owners of 2.53 million cars with potentially defective ignition switches not to drive them until repaired.

U.S. District Judge Nelva Gonzales Ramos said she had not had time to thoroughly read a new brief by the plaintiffs filed only shortly before the hearing. About 40 people listened to more than two hours of arguments and testimony.

A flawed ignition switch in Chevrolet Cobalts, Saturn Ions and other small cars allows the key to turn from the "run" position to the "accessory" position, shutting off the engine, causing the loss of power assist to the steering and brakes and possibly disabling the front airbags.

GM airbags have backup power, but in some cases it apparently hasn't worked.

Robert Hilliard, attorney for a couple who own one of the recalled cars, wants the judge to order GM to put "Do Not Drive" stickers on every recalled vehicle until it is repaired.

David Balser, a lawyer for GM, argued that such a radical move would be "unprecedented" and would "cause chaos."

The automaker links the switch/airbag issue to 31 crashes and 12 deaths in the U.S, and to one fatal crash in Canada, in which the front airbags didn't deploy as they should have in front crashes.

Others, including the families of some victims, say there have been more.

The recall, and federal investigations into its handling by GM, involve only crashes where front airbags should have worked and didn't. Front bags aren't designed to operate in low-speed front crashes or in side crashes or rollovers, unless a severe front impact is part of the collision.

As of Friday, GM saId, it has provided more than 15,000 rental and loaner cars to owners of the recalled vehicles who are nervous about driving their own cars until the switch is repaired. Dealers now have enough new switches to begin repairs Monday, GM says.

GM documents show it first knew of a switch problem in 2001, during development of the 2003 Saturn Ion. The recall was announced in February and expanded twice to finally include more than 2.6 million 2003-2011 small cars worldwide, nearly all in the U.S.

On Wednesday, GM CEO Mary Barra told a Senate subcommittee that owners can continue safely using the cars if nothing is attached to the ignition key. The extra weight of a heavy key ring can work to pull the switch out of "run."

On Friday, holding a steering wheel and ignition for the judge to see, plaintiffs' attorney Hilliard described a defect that could occur at any time and was especially victimizing young people because the cars were marketed to "newly-minted drivers."

"There is no safe way to drive this vehicle at all because of the unknown event that has to occur for the defect to show up," Hilliard said.

He pointed to the portion of GM's recall notice that said there was a risk if "your vehicle experiences rough road conditions or other jarring or impact related events."

GM, though, provided results of recent extensive and extreme testing it did on recalled cars at its proving grounds, showing that it was unable -- even with severe jarring -- to duplicate the switch failure.

Hilliard scrolled through photographs of the victims projected onto a large screen in the courtroom and spoke of youth lost. He called witnesses who testified about accidents or close calls in their vehicles. One was Jesse Hernandez, 23, who survived a crash that killed his twin brother in a 2007 Saturn Ion in April 2012. He said he had fallen asleep while his brother was driving. Their car hit a guardrail and flipped three times. The airbags did not deploy.

"He ended up dying in my arms moments later," Hernandez testified.

Laura Valle of Corpus Christi, said she did as instructed in the recall notice from GM and removed everything from her ignition key, but still suddenly lost power while driving to Wal-Mart in March.

"The car just died on me," Valle testified.

Hilliard implored the judge to force GM to effectively ground all the recalled cars by putting on the "Do Not Drive" stickers.

But GM attorney Balser said he knew of no court that had ordered such a move while a recall was underway. "It would cause mass confusion to GM's consumers," he said. "It would create chaos."

Balser also noted that Hilliard's clients, Charles and Grace Silvas, already stopped driving their Chevrolet Cobalt back in February. The Silvas did not testify Friday.

Furthermore, as individuals, Balser said the Silvas had no standing to get an injunction for the general public. He said at least 15 lawsuits representing broader groups already had been filed against GM in relation to this issue.

"They do not need a mandatory injunction telling GM to tell them to park their car because they have already parked their car," Balser said. He said Hilliard only presented anecdotal evidence and no proof that the ignition defect was to blame in the incidents he cited.

Hilliard argued that the order was necessary because others still were driving the cars, making the roads dangerous for everyone.

GM has hired former U.S. Attorney Anton Valukas to conduct an internal investigation that should be complete in 45 to 60 days. The Justice Department is pursuing a criminal investigation of how GM handled the recall.

U.S. House and Senate subcommittees are investigating, as is the National Highway Traffic Safety Administration.

Contributing: James R. Healey, USA TODAY

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